Ijma
Q. Ijma plays a vital role in Islamic Legislation. Kindly define and explain its importance.
Introduction:
Islamic Law, known as Shariah, is based on divine revelation and guided by a structured legal methodology. The primary source of Islamic legislation are the Quran and Sunnah of the Holy Prophet Muhammad (PBUH). However, as the Muslim community expanded and new issue emerged- especially after the death of the Prophet (PBUH)- it became necessary to drive rulings for matters not directly addressed in the primary texts.
To meet this need, Muslim jurists developed secondary sources, among which Ijma (consensus) holds a vital position. Ijma represents the unanimous agreement of qualified scholars on a legal ruling and is considered the third foundational source of Islamic law. It ensures the preservation of religious principles and provides a mechanism for legal development within the framework of Shariah.
The importance of Ijma lies in its role in unifying the Ummah, resolving contemporary issues, and preserving the authenticity of Islamic rulings. Scholars have classified Ijma into various types based on how the consensus is reached- explicitly, silently, or historically-each carrying different levels of authority.
This discussion explores the various types of Ijma, their definition, examples, and legal status highlighting how Islamic law maintains both continuity and adaptability across time.
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Definition of Ijma
Ijma refers to the unanimous consensus or agreement of qualified Islamic (Mujtahideen) from the Muslim Ummah (Community) on a particular legal issues after the demise of the Holy Prophet Muhammad (PBUH). It is considered the third primary source of Islamic law, after Quran and Sunnah.
The term" Ijma" is derived from the Arabic root" Ajma'a", which means to agree upon or to unite in opinion.
Types of Ijma (Consensus) in Islamic Law
Ijma, or scholarly consensus, is not a monolithic concept. Islamic jurists have classified it into various types based on expression, time, and participants. Here are the main types:
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1. Ijma' Sareeh ( Explicit Consensus)
Definition:
Ijma' Sareeh refers to a consensus where all qualified jurists clearly and openly agree on a particular legal ruling in words or writing, without any disagreement.
Example:
The agreement of the Sahabah (companions) on the obligation of the five dail;y prayers and the number of rak'ahs (units) in each prayer.
Legal Status:
i. considered the strongest and most authoritative form of Ijma.
ii. It is binding on all Muslims.
iii. Denial of an issue agreed upon by Ijma' Sareeh is often considered blasphemous or a rejection of Shariah.
2. Ijma' Sukooti (Silent or Tacit Consensus)
Definition:
Ijma' Sakooti occurs when some jurists express a ruling on a matter and others remain silent (do not object), despite having knowledge of the issue.
Conditions:
i. Silence must not be due to fear, ignorance, or negligence.
ii. The silent jurists must be aware of the issue and capable of forming an opinion.
Example:
If a jurist issues a fatwa on a new matter and his peers are aware of it but no one objects, over time this may be considered Ijma' Sakooti.
Legal Status:
i. Less authoritative than Ijma' Sareeh.
ii. Accepted by some jurists (e.g. Imam Ahmad ibn Hanbal), disputed by others.
iii. Not always considered binding.
3. Ijma' of the Companions ( Ijma' al-Sahabah)
Definition:
Consensus reached by the companion of the Holy Prophet (PBUH) after his death.
Importance:
I. The companions were closest in time, language, and understanding of the Prophet's teachings.
II. Their Ijma is considered highly authentic and near to the source of revelation.
Example:
The decision to compile the Quran into a single book during the caliphate of Abu Bakr (RA).
Legal Status:
Most jurists consider it authoritative and binding.
4. Ijma' of the Ummah ( General Consensus)
Definition:
Refers to the consensus of the entire Muslim Ummah, or at least its scholarly elite, on a particular matter.
Challenges:
* Difficult to verify practically due to the vastness of the Ummah.
* Often used in a symbolic sense, indicating broad agreement among scholars.
5. Ijma' of a Particular Era or Region
Definition:
Consensus among the Mujtahideen ( independent jurists) of a specific generation or region.
Example:
Ijma' of jurists during the Abbasid era on certain civil and commercial laws.
Legal Status:
i. Recognized but with limited authority.
ii. Not universally binding unless confirmed by future generations.
6. Theoretical vs. Practical Ijma
Type Description
i. Theoretical Agreement on a principle or rule without direct application.
ii. Practical Consensus developed over time through uniform practice of the Ummah.
Importance of Ijma In Islamic Legislation:
1. Extension of Shariah after Prophet's Era:
After the death of the Holy Prophet ( PBUH), new issues and challenges arose that were not explicitly addressed in the Quran or Sunnah. Ijma provided a method for legal development and the continued application of Islamic principles in new circumstances.
2. Collective Wisdom of Scholars:
Ijma based on the consensus of scholars who possess deep knowledge of Shariah. This reflects the collective ijtihad (independent reasoning), ensuring that laws are not based on personal views but rather on the consensus of the learned.
3. Preserves Unity of the Ummah:
By providing a unified stance on emerging issues, Ijma helps prevent division and maintains legal uniformity across the Muslim community. It upholds the collective identity of the Ummah and avoids sectarian interpretations.
4. Guarantees Authenticity and Certainty:
An issue resolved through Ijma is regarded as undeniably true and binding, as it is believed that the Ummah cannot unanimously agree on an error. This is supported by Hadith:
" My Ummah will never agree upon an error." ( Tirmidhi)
5. Fills Gaps Where Quran and Sunnah Are Silent:
Ijma serves as a tool to supplement the primary sources. When a legal issue is not directly covered in the Quran or Sunnah, scholars may derive rulings through consensus.
Examples of Ijma in Islamic History:
i. Compilation of the Quran during the caliphate of Hazarat Abu Bakr (RA) and later in the time of Hazrat Uthman (RA) was through Ijma of the companions.
ii. Obligation of Taraweeh prayer in congregation in Ramadan under Hazrat Umar (RA) was established through Ijma.
iii. Consensus on the punishment for drinking alcohol (80 lashes) though not clearly specified in the Quran, was based on Ijma of the Sahaba.
Conclusion:
Ijma is a foundational pillar of Islamic jurisprudence that ensures continuity, unity, and adaptability of Shariah across time and cultures. It validates the role of scholarly consensus in the absence of direct textual guidance and reflects the dynamic nature of Islamic legal development.